''R v. Instan'' (1893) 1 QB 450 is an

English criminal law English criminal law concerns offences, their prevention and the consequences, in England and Wales. Criminal conduct is considered to be a wrong against the whole of a community, rather than just the private individuals affected. The state, i ...

manslaughter binding decision, confirming how the ''

actus reus (), sometimes called the external element or the objective element of a crime, is the Law Latin term for the "guilty act" which, when proved beyond a reasonable doubt in combination with the ("guilty mind"), produces criminal liability in t ...

'' of that offence can be one of inactive

negligence Negligence (Lat. ''negligentia'') is a failure to exercise appropriate and/or ethical ruled care expected to be exercised amongst specified circumstances. The area of tort law known as ''negligence'' involves harm caused by failing to act as ...

(that is, neglect), as the common law is deemed by analogy (

abstraction Abstraction in its main sense is a conceptual process wherein general rules and concepts are derived from the usage and classification of specific examples, literal ("real" or " concrete") signifiers, first principles, or other methods. "An abst ...

) to impose a basic duty of care onto an adult who voluntarily undertakes the regular care of another. Here, the patient was a relative, had known-to-the defendant

gangrene Gangrene is a type of tissue death caused by a lack of blood supply. Symptoms may include a change in skin color to red or black, numbness, swelling, pain, skin breakdown, and coolness. The feet and hands are most commonly affected. If the gan ...

and had in her home the funds for food to maintain both parties. Its jurisprudential explanations for how the common law is arrived at by such a research and analysis process, not in a vacuum, but rather by reference to strong moral obligations has been widely cited by other leading decisions. It is one of the many appeal-level decisions which inform the variety of acts and omissions sufficient to amount to the offence of gross negligence manslaughter, which subtly changes very slightly as society's codes of morality and professional contexts evolve.

Facts

The defendant lived with her aunt aged 73 years. The aunt was healthy until shortly before her death. During the last 12 days of her life, she had been incapacitated by a gangrenous foot to the point of immobility. Only the defendant knew of this condition. She appeared not to have made any attempts in obtaining treatment or care for the aunt, neither did she provide her with food with which the aunt thus went without, but continued residence and dependency on her aunt's estate.Martin, J and Storey, T, Unlocking Criminal Law (Unlocking the Law 4th edn. Routledge, Oxon 2013 The defendant was charged and convicted of manslaughter.

Judgment

The adult niece was found guilty of

manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...

, on the basis that she had accepted her aunt's money in to pay for their food. She was thus not entitled to "apply it all for her own use" (spend it all on her own food). This generated a duty of care from the niece towards the aunt. The intentional neglect of the aunt was consequently a crime.

Lord Coleridge CJ John Duke Coleridge, 1st Baron Coleridge, PC (3 December 1820 – 14 June 1894) was an English lawyer, judge and Liberal politician. He held the posts, in turn, of Solicitor General for England and Wales, Attorney General for England and Wales ...

wrote that despite the lack of statute or precedent, it would be "a slur on justice" were the niece's behaviour to go unpunished.

“It would not be correct to say that every moral obligation involves a legal duty; but every legal duty is founded on a moral obligation.”

Financial and sentencing outcome

The niece would be disinherited by law, by virtue of the forfeiture rule. The starting point (considered in sentencing) for such an offence of this exact nature remains a custodial sentence.

Notes

External links

Bailii.org
a free online case (law) reports of: England & Wales; Republic of Ireland; Scotland; Northern Ireland; Jersey; St Helena. {{law I 1893 in England 1893 in case law 1893 in British law Manslaughter in the United Kingdom

Facts

Judgment

Financial and sentencing outcome

See also

Notes

External links